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LAW OF THE REPUBLIC OF MOLDOVA

of May 29, 1996 No. 851-XIII

About environmental assessment

(as amended on 09-06-2022)

The parliament adopts this law.

This law according to the Constitution of the Republic of Moldova, the Law on environmental protection and other existing legal acts determines the purposes, tasks and the principles of environmental assessment, and also the basic rules of its organization and carrying out.

Chapter I. General provisions

Article 1. Basic concepts

For the purpose of this law the following basic concepts are used:

economic activity, difficult and potentially dangerous to the environment, - the activities providing use of again developed technologies and use of natural resources which can lead to degradation of the environment, emergence of emergency situations, creation of adverse conditions for life of people, to destruction of flora, fauna and the soil;

the planned economic activity - any planned or designed activities which provide use of natural resources and in the course of which the landscape changes to the environment waste is placed, harmful emissions are allocated and/or pollutants are dumped that can lead to change of state of environment and components of the nature;

the central body for natural resources and protection of the circle - the central body of the state for management of natural resources and environmental protection;

the conclusion of the state environmental assessment - the act issued by Environmental protection agency, stating compliance of the project documentation to requirements of the legislation on the environment and providing environmental measures which shall be observed in implementation process of the project;

the customer of documentation - physical person or legal entity which submits documentation for examination and/or performs the planned economic activity on its basis;

biocenosis - set of populations of the plants, animals and microorganisms which are in certain interaction among themselves and with biotope;

emergency cases - violation of engineering procedures from which the striking factors dangerous to employees of the company which is in zone of its influence of the population and also for the environment result;

nature components - natural conditions and elements of the planet: air, surface and ground waters, soils, subsoil, rocks and arrays, flora and living beings;

drainage - complex of hydrotechnical and agrotechnical measures for removal of part of water from the soil;

the project documentation - text and graphical materials which contain technical and economic solutions on realization in the established investee amount;

documents on town planning and improvement of the territory - set of documentation developed and approved in accordance with the established procedure for certain territory in which the existing situation is analyzed and are established objects, actions and measures in the field of town planning and improvement of the territory;

ecological equilibrium - set of conditions of separate ecosystem which dynamics provides stability of its structure and functions;

ecosystem - any dynamic complex of communities of plants, animals and microorganisms and the circle of their dwelling which constantly functionally interact;

environmental assessment - type of activity in the field of environmental protection on implementation of provisional estimate of influence of the planned economic activity on condition of the circle and compliance of parameters of these activities to the existing legal and other regulations, regulations and standards;

expansion of objects - construction of additional objects and expansion of some operating company workshops for the purpose of the organization of additional production capacities;

genetic fund - integrity of vegetable and animal versions, communities and natural biocenoses in total with their genetic features;

the environment - set of natural and technogenic elements;

the protection mode - regulation of economic activity for the purpose of protection of natural complex and safety of components of the nature for ensuring normal functioning of ecosystems;

the water protection zone of the rivers and reservoirs - the territory of the established sizes adjoining water object, intended for protection of surface water against pollution, depletion and/or instruction within which economic activity is limited.

Article 2. Subjects of environmental assessment

(1) Environmental assessment is carried out by the Agency of the environment - body issuer of allowing documents in the field of the environment (further - body issuer) or public associations according to the procedure, established by this law and other regulations relating to this area.

(2) the State environmental assessment is exclusive competence of body issuer and its territorial subdivisions constituting system of the state environmental assessment.

(3) Voided according to the Law of the Republic of Moldova of 21.09.2017 No. 185

(4) Public environmental assessment will be organized and carried out by public associations according to Chapter III of this law.

(5) Before approval by body issuer results of public environmental assessment have advisory nature.

Article 3. Purposes of environmental assessment

Environmental assessment is performed for the purpose of:

a) acceptances of reasoned decisions and the document approval providing use of natural resources and environmental measures and its components;

b) preventions or minimizing of direct, indirect or cumulative impact of objects and the planned economic activity on the environment, its components, ecosystems and health of the population;

c) maintenance of ecological equilibrium, genetic fund and biological diversity, creation of optimal conditions for life of people;

d) compliance of social and economic development of reservoir of ecosystems.

Article 4. Tasks of system of the state environmental assessment

The main objectives of system of the state environmental assessment are:

a) ensuring environmental assessment of drafts of legal acts, the project documentation and other materials in the terms provided by this law and preparation of the corresponding conclusions according to requirements of regulating documents;

b) generalization of practice of conducting environmental assessment of the represented materials and development of suggestions for improvement of methods of its implementation;

c) ensuring control of correctness of application by customers and contractors of the project documentation of provisions of the existing legal and other regulations, and also industry regulations and instructions;

d) the analysis of tendencies and practice of implementation of environmental assessment in other countries and use of international experience in this area;

e) ceased to be valid according to the Law of the Republic of Moldova of 21.09.2017 No. 185

Article 5. Basic principles of environmental assessment

The basic principles of environmental assessment are:

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